Holidays often bring to us thoughts of presents, tasty treats, and time with family. For a recently divorced family, however, it can seem hard to partake in the holiday cheer, and instead the holiday season can stir up emotions of anxiety, stress and worry. There are ways, however, to make the most of this holiday season with your newly restructured, post-divorce family.

Stay Flexible

Keep in mind that the holiday dates are more important to adults than children. Don’t get caught up in thinking that only the “actual day” can be celebrated. Celebrating holiday time with your loved ones can be special any day of the week. For children, opening presents on December 23rd or even December 30th is just as exciting as Christmas Day or Christmas Eve. Your children are likely to reflect back your feelings and actions, so if you are excited about spending time with them, whatever the day, your kids are likely to share in that same excitement. You may think that you are losing out by not having your children on the actual Christmas Day/Christmas Eve, but your children are likely to view this new arrangement as being able to have two Christmases instead of just one.

Focus on What You Can Control and Do Not Dwell on Things Beyond Your Control

Whatever your parenting plan, you can always make your holiday time with your kids memorable and magical. Schedule your holiday plans around your parenting plan, particularly when there is the potential for conflict. Sticking to the schedule will provide consistency for the children so they learn what to expect and not be disappointed, and decrease the likelihood of any conflict during the holidays. Choose to focus on enjoying the time you have with your children instead of stressing over the time you will be away from them.

Create New Family Traditions

Sometimes engaging in your old family traditions can trigger feelings of loss. Instead, try something new and create new traditions. Perhaps serving meals to the homeless or driving around to look at all the Christmas lights, or baking cookies to gift to the neighbors can create some new family memories and activities.

If part of your holiday involves the children being with their other parent, then use the time your children are away from you to recharge. If you know you might be feeling sad spending your first holiday season without your children, keep yourself busy. Whatever you do, try to stick with the activities you will look forward to doing.

You do not have to turn into the Grinch, the holidays can still be peaceful and enjoyable for you. Stick to your parenting agreement, enjoy your time with the kids (no matter what day), create your new traditions, and your heart may grow three sizes this season

If you have questions about your parenting agreement or co-parenting over the holidays after divorce, we can help. Contact us to talk with an attorney and set up your initial consultation.

]]>https://teperlaw.wordpress.com/2018/12/11/parenting-time-during-holidays/feed/0teperlawPictures of Vintage Real Santa Claus carrying gift sackFamily Law and Mediationhttps://teperlaw.wordpress.com/2018/11/27/family-law-and-mediation/
https://teperlaw.wordpress.com/2018/11/27/family-law-and-mediation/#respondTue, 27 Nov 2018 17:52:14 +0000http://teperlaw.wordpress.com/?p=865Continue reading →]]>Family law mediation or divorce mediation is a low conflict process that you can use to help you reach an amicable agreement without a lengthy court battle.

In divorces, emotions can quickly spiral out of control, complicating matters and causing unnecessary problems. Unlike traditional divorce litigation, the primary goal of mediation is to help minimize hostility between the couple and reach a mutually satisfactory resolution. That is why divorce mediation or mediation for child custody, alimony, division of assets, etc., can be instrumental in helping you avoid the conflict, time and expense of litigation.

Parties participate in mediation for many reasons. Sometimes, the mediation is court-ordered. Sometimes, parties believe that mediation will allow them to save time and money. Whether the mediation is mandatory or voluntary, the parties coming to the mediator’s table must want to settle their differences for this process to be successful.

After the conclusion of negotiations, if the mediation is successful and parties reach an agreement, the mediator or the attorney for one of the parties, outlines the terms of the agreement, either verbally or in writing. Either way, the verbal communication of the terms reached in the mediator’s office or the written outline should contain a basic understanding of the parties’ agreement, which is to be incorporated into a settlement agreement or other form of consent order.

But what if one of the parties changes their mind and opposing counsel threatens to file a motion for a Harrington hearing? Is there a binding agreement or not?

There is case-law in New Jersey that dictates how post-mediation issues are to be resolved. For example, the name for the Harrington hearing comes from the 1955 case Harrington v. Harrington in which the court enforced a purported settlement reached during a court-ordered mediation session after a plenary hearing. Since then law has evolved, but it is still in your best interest to take the terms of your settlement agreement seriously or you may end up in court to see how that case-law applies to your situation.

That is why, always confirm your understanding of an agreement, as well as your adversary’s, prior to leaving mediation. If the agreement requires further consideration, speak up. If there are contingencies or conditions that must be met, take the time to address the unresolved issues. Set a follow-up date by which the parties may accept or reject the agreement or set a follow-up mediation date to resolve any other issues.

Friendsgiving is the celebration of Thanksgiving dinner with your friends. This “holiday” usually takes place on the Wednesday before or the Friday after Thanksgiving Day, since Thanksgiving is usually reserved for family gatherings.

In the past few years or so, hosting a Friendsgiving among friends has become a standard part of the celebration for many young adults. Some are celebrating Friendsgiving because they are far away from family on Thanksgiving, but near friends. Others treat it as an additional celebration, but one that is just for friends.

Friendships are important, and as families themselves have changed, and nonrelatives have assumed family-like roles in people’s lives, more and more people think about their friends while considering their estate planning. Estate planning is not just about distributing your things after you are dead, but it is about recognizing the relationships you have created while living – by stating what you wish to leave and to whom, whether to a family member, friend, your beloved charity or even your pet. To do that you need to know how to control the distribution of your assets according to your wishes.

Since the law dictates how property must be distributed in the absence of other instructions, such as when there is no Last Will and Testament; there are mechanisms that allow you to ensure that people who you choose, receive things you leave for them. So, would you rather wish to pass your belongings to the people most likely to enjoy or need them, or just leave everything to your genetic family, even if you do not know/like them?

Inheritance laws do not recognize automatic distributions of your assets to anyone other than your direct family. The law will ensure that your spouse and children are provided for first, followed by parents, grandkids, and then other relatives. Even if you have no living relatives, your belongings will not go to your friends; they will go to the government. So, if you want someone other than your family or the government to take anything from your estate after death, you have to make that wish known.

You can leave items to people in your will or via a living trust, or you can give them away while you are still alive, but whatever you do – you must plan now while you are still alive and of “sound mind.”

If you think your family might fight the transfer of your property to your friends, they may have a legal right to do so. A gift given during your life, when you are sane and able to make your own decisions, is much less likely to be subject to any challenge, than any gift you try to make after death. That is why your Will needs to be very specific and your distributions cannot contradict the law.

In many states, you can make a separate list of items with information about and who you want to inherit them, then refer to that list in your Will. You will not be able to distribute money or other intangible property this way, but actual items of sentimental value can go to whom you deem most worth it.

As laws pertaining to estate planning and inheritance rights vary between jurisdictions, for the best advice on estate planning and inheritance law, you should contact an attorney in your area.

]]>https://teperlaw.wordpress.com/2018/11/20/friendsgiving-and-estate-planning/feed/0teperlawCarving the Christmas TurkeyWhat NOT to do when going to courthttps://teperlaw.wordpress.com/2018/10/31/what-not-to-do-when-going-to-court/
https://teperlaw.wordpress.com/2018/10/31/what-not-to-do-when-going-to-court/#respondWed, 31 Oct 2018 19:36:50 +0000http://teperlaw.wordpress.com/?p=858Continue reading →]]>When appearing in court you are expected to follow certain rules. One of the most important things to keep in mind is to make sure you do not miss your court date. Failing to appear for court can result in serious consequences such as having a default judgment entered against you or having a bench warrant issued out for your arrest. Unless your absence has been excused by the court, it is in your best interest to show up when expected.

Another thing that a lot of people forget is that the court room is a professional and serious place. As such, dressing appropriately is expected. Although there are no written rules on how you should dress, certain clothing is just not acceptable. Be sure that whatever you plan on wearing is clean and on the conservative side. Lawyers are required to wear suits, but you don’t have to dress quite this formal. Use your common sense, and don’t wear anything that can draw negative attention to yourself.

During your hearing, be sure to approach the judge and anyone else of higher authority with respect. You must stand and address the judge as “Your Honor” and refrain from speaking over them. If you are asked a question, do not just nod, answer verbally. Speak clearly and loud enough for the courtroom to hear you and get to the point. Avoid using profanity or any other remarks that may be inappropriate. Do not speak with gum in your mouth. Many people find it very disrespectful when they are spoken to by someone who is chewing gum while talking.

Be prepared. Know your case. This way the judge will know that you are taking the case seriously and that way, he or she will take you seriously. Have all of your paperwork organized and accessible and be ready to provide anything that your lawyer or judge might need.

]]>https://teperlaw.wordpress.com/2018/10/31/what-not-to-do-when-going-to-court/feed/0teperlawWeight scale in courtroom. Legal system.“Sheridan Issues”https://teperlaw.wordpress.com/2018/10/10/sheridan-issues/
https://teperlaw.wordpress.com/2018/10/10/sheridan-issues/#respondWed, 10 Oct 2018 19:31:44 +0000http://teperlaw.wordpress.com/?p=856Continue reading →]]>Sheridan v. Sheridan, 247 N.J. Super. 552 (Ch. Div. 1990) is a New Jersey case that requires trial judges to report evidence of any illegal activity to the proper authorities. In most matrimonial cases, this comes up in the context of dealing with unreported or under reported income. Such cases are known as “Sheridan cases.”

When a couple is arguing over alimony and/or child support, which are mainly calculated based on parties’ earnings; tax returns are often offered as proof of income. However, when those tax returns indicate that the tax filers have taken too many liberties with deductions, credits, or simply have under-reported or failed to report their income, judges may then report them to both the New Jersey and Federal Taxing Authorities, who in turn may then decide to conduct investigation into these tax filings.

If the tax return was filed jointly, both parties may be at risk here, and both may be reported by the judge. It is not family judge’s job to make determination which spouse is guilty and which spouse may be innocent of tax fraud.

The IRS Criminal Investigation Division is a serious matter with grave consequences for those who are found to have “cheated” on their taxes. There are hundreds of convictions of people who attempted to evade paying taxes. As such, anyone who is aware that his or her taxes are questionable, should think twice before offering them into evidence in family court.

Individuals and business owners often have more than one way to complete a taxable transaction. Most try to conduct business and personal transactions in such a way as to reduce or eliminate tax liability. Although they sound similar “tax avoidance” and “tax evasion” are drastically different. Tax avoidance lowers your tax bill by structuring your transactions so that you reap the largest tax benefits. Tax avoidance is legal. Tax evasion, on the other hand, is an attempt to reduce your tax liability by deceit or concealment. Tax evasion is a crime.

But how can you tell when tax planning goes too far and becomes tax evasion? The distinction usually turns upon whether actions were taken with fraudulent intent.

Business owners often find themselves subject to more scrutiny than wage-earners with a similar level of income, because a business owner has more options to avoid tax, both legal and illegal. Here are some of the most common criminal activities in violations of the tax law:

Deliberately under-reporting or omitting income. Simply put – concealing income is fraudulent. Examples include a business owner’s failure to report a portion of the day’s receipts or a landlord failing to report rent payments.

Keeping two sets of books and making false entries in books and records. Engaging in accounting irregularities, such as a business’s failure to keep adequate records, or a discrepancy between amounts reported on a corporation’s return and amounts reported on its financial statements, generally demonstrates fraudulent intent.

Claiming false or overstated deductions on a return. These range from claiming unsubstantiated charitable deductions to overstating travel expenses. It can also include paying your children or spouse for work that they did not perform. The IRS is always vigilant when it comes to inflated deductions from pass-through entities.

Claiming personal expenses as business expenses. This is an easy trap to fall into because often assets, such as a car or a computer, will have both business and personal use. Proper record-keeping will go a long way in preventing a finding of tax fraud.

Hiding or transferring assets or income. This type of fraud can take a variety of forms, from simple concealment of funds in a bank account to improper allocations between taxpayers. For example, improperly allocating income to a related taxpayer who is in a lower tax bracket, such as where a corporation makes distributions to the controlling shareholder’s children, is likely to be considered tax fraud.

Engaging in a “sham transaction.” You can’t reduce or avoid income tax liability simply by labeling a transaction as something else. For example, if payments by a corporation to its stockholders are in fact dividends, calling them “interest” or otherwise attempting to disguise the payments as interest will not entitle the corporation to an interest deduction.

New Jersey judges who have found underreported income can and have reported such returns to the authorities for further investigation. That is why litigants who are willing to go to court knowing that they have potential tax issues, do so at their own risk. These individuals should give serious consideration to settling their matter out of court and/or hiring a reputable tax specialist to help them.

]]>https://teperlaw.wordpress.com/2018/10/10/sheridan-issues/feed/0teperlawRescheduling Biometrics Appointmenthttps://teperlaw.wordpress.com/2018/08/03/rescheduling-biometics-appointment/
https://teperlaw.wordpress.com/2018/08/03/rescheduling-biometics-appointment/#respondFri, 03 Aug 2018 20:31:23 +0000http://teperlaw.wordpress.com/?p=853Continue reading →]]>Once an application for the immigration benefit is filed with the U.S. Citizenship and Immigration Services (USCIS), and the receipt notice(s) are mailed out, the next step is biometrics. A biometrics services appointment will be scheduled at a local Application Support Center (ASC) as USCIS conducts checks on every applicant to make sure he or she is eligible and truthful on his or her application.

USCIS will use the biometrics to confirm the identity of the applicant and to conduct the necessary background check.

The Notice of Action will list a date, time and location for the appointment. Applicants need to make sure they do not miss their biometrics appointment. But, if you cannot make your biometrics appointment, there is no need to despair, as USCIS allows applicants to reschedule their appointments to a later date, if they are unable to appear for the scheduled appointment. Applicants can find information on rescheduling on their appointment notice.

To request a later date, you need to fill in information in the space provided below “Request for Rescheduling” and send it to the USCIS. remember to retain a copy of the notice for your records. Rescheduling request needs to be mailed out before your scheduled appointment.

Alternatively, you might be able to just go to the ASC before your scheduled appointment, but then you may have to wait as the ASC will process walk-ins only after the scheduled applicants have been serviced. You will still need a government-issued identification document and your biometrics appointment notice. Without the biometrics appointment notice, ASC will not capture your biometrics.

If you fail to appear for your scheduled appointment and also fail to reschedule your appointment, USCIS may deny your application or at the very least the processing of your application will be delayed.

]]>https://teperlaw.wordpress.com/2018/08/03/rescheduling-biometics-appointment/feed/0teperlawDivorce and Your Financeshttps://teperlaw.wordpress.com/2018/02/27/divorce-and-your-finances/
https://teperlaw.wordpress.com/2018/02/27/divorce-and-your-finances/#respondTue, 27 Feb 2018 19:32:40 +0000http://teperlaw.wordpress.com/?p=851Continue reading →]]>One of the biggest reasons that make getting a divorce so unpleasant is figuring out your finances. As horrifying as gathering all financial data may sound, many people have actually found the process of collecting and weighing financial information to be highly beneficial. While collecting financial records is certainly time consuming, and possibly depressing, it is a required part of the financial planning process.

By reviewing where your money is really going, you will gain more knowledge about your actual monthly spending habits and expenses, both necessary and unnecessary. The experience will be an “eye-opener,” especially for those individuals who have not been primarily responsible for managing family’s finances. Even spouses who routinely have handled family finances are likely to finish the process with a far greater understanding of their true financial picture. Among other things, this experience may cause you to rethink spending decisions and other lifestyle priorities. You now may want to change your spending habits and investments, as certain choices may be a better fit for your financial future and goals than others.

Here is an example of making financial choices: if your house needs new windows, you can deal with that in a number of ways, all impacting your finances.

A) You could use your savings to replace all windows. Your house will be less drafty, thus saving you money long term in heating and cooling costs, but you will no longer have savings.

B) You could buy new windows using a loan or credit card, thus preserving your savings for emergencies. But this option means you will have a new monthly payment, and depending on how long you take to pay off the credit, the real cost of your windows will increase to include the finance charges.

C) You could replace only some of the windows, preserving some savings and avoiding debt, but your house will still have some bad windows.

D) You also could spend all your savings on lottery tickets hoping to win the big jackpot that would allow you not just to buy new windows, but a nicer and bigger house! Though, if you don’t win, you will now have no savings and you still need new windows.

For the person who never had a financial plan, divorce provides an opportunity to finally create one. For the person who has had a financial plan in place, but that plan depended on a breadwinner spouse and/or all the assets accumulated jointly during the marriage, that plan will have to be modified to fit the post-divorce needs.

Remember that the financial decisions you now make, may affect the rest of your life. So don’t just rely on financial and legal advice from friends, relatives, or others who may mean well, but may not have an accurate understanding of the process, the options, or the interrelated nature of some of the financial choices to be made. Also, sometimes it’s hard to separate financial planning from the emotions that often accompany a family law proceeding. That is why it is best not to make any rash decisions, and to consult a competent and trustworthy professional to help you figure out what needs to happen so that you have a secure financial future post divorce.

]]>https://teperlaw.wordpress.com/2018/02/27/divorce-and-your-finances/feed/0teperlawExpunged Records and Immigration Caseshttps://teperlaw.wordpress.com/2018/01/23/expunged-records-and-immigration-cases/
https://teperlaw.wordpress.com/2018/01/23/expunged-records-and-immigration-cases/#respondTue, 23 Jan 2018 20:07:43 +0000http://teperlaw.wordpress.com/?p=849Continue reading →]]>For most people with a minor criminal record that conviction becomes not only a personal embarrassment, but frequently also an employment problem. Having a criminal record can make finding and keeping a job much more difficult. Having a record that shows that you broke the law, were accused of breaking the law, or were convicted of breaking the law, may also derail your plans to travel as border agents are very interested in anyone with a record.

That is why most people want to eliminate their criminal activities from their official background, if they can. That usually means requesting that the information be expunged, or record be sealed. Expungement means that the record is destroyed, and anyone looking up your name in the jurisdiction in which the record was generated should not be able to find any information regarding the expunged incident. Once an expungement petition is granted, in theory the court administrator where the record was originally generated should notify any other agencies to which the criminal record was sent, requesting that this information be removed from those databases as well. But in reality, such requests may or may not be made by the original keeper of the records, and the other agencies that received the criminal record information may or may not update their files, so information about the conviction(s) may still show up in other databases.

As to immigration consequences, before seeking to expunge a criminal record you should know this: USCIS and the federal immigration courts often require that you disclose whether you have ever been arrested or detained by a law enforcement officer, charged with a criminal offense, convicted, what the sentence was if convicted, and the sentence actually served. Immigration agencies require this information regardless of whether the record has been expunged. And they demand certified records of these events, or a statement from the relevant agency stating that no record is available. This especially comes up in applications for citizenship benefits, and in deportation proceedings, where the respondent usually must prove “good moral character.”

Once the record has been expunged there is no way for the record-keeping agency to issue a certified copy of that record. If you request a written statement that the record is no longer available due to expungement, the record-keeping agency may refuse this request… and then you have a big problem. Immigration authorities have already received some sort of notice, whether through required self-disclosure or background checks, of you having a criminal record, however you cannot prove what actually happened. If you find yourself in that position, you may have no choice but to seek to have your criminal record reopened, and that is a tedious and unpleasant process, best avoided if possible. That is why you should at least delay having your criminal record expunged until after you have obtained certified copies of the arrest, conviction, and sentence, as well as the sentence actually served.

As you find yourself getting consumed by your divorce, whether coping with anger, sadness, stress, or financial problems; keep your eyes open for signs that your children may be negatively affected by your divorce too.

Keep in mind that unless it’s very apparent to kids that their parents are better off without each other, most children do not want their parents to separate. As such, it is only natural that the children will be affected by your divorce. However, there are certain steps that you can take to make the process easier on them.

Don’t get so caught up in your own grief, anger or stress that you end up neglecting your children.

To the best of your ability, explain to your children the reasons why you and your spouse are separating. Consider gathering the whole family and telling them the news together. Note that younger children generally cope easier with the divorce as they frequently do not yet understand the upcoming changes and are easier to distract.

Make sure that your children understand that the reason you are divorcing is not because they did anything wrong.

Don’t have your child serve as a go-between and deliver messages from one parent to the other.

Try not to argue in front of your children. The less negative communication the children see between their parents, the better. Kids are really sensitive to things like voice tone, and it’s very upsetting for them to see their mom and dad fighting.

Stick to a routine, if possible. Keeping children’s schedules, school, and activities the same will help them adjust to your divorce easier.

If possible, ensure similar rules at both households.Having the same bedtime and chores at mom and dad’s house makes the transition easier.

Never use your child to punish your spouse. It’s hurtful to the children to restrict their access to the other parent. Children love both their parents and want to see them both.

Don’t interrogate your child about what they did while spending time with the other parent.

Don’t’ make your child feel guilty about wanting to spend time with the other parent, and most definitively don’t ask them to choose sides. Children love both their parents and it’s not fair to ask them to favor one parent over the other.

Try not to put down your ex-spouse while the children are around.When you make negative comments about the other parent, it indirectly hurts the children too.

Don’t make your child be your therapist. Do not burden your children with your problems and anxieties, as your children are hurting too and might be trying to handle their own fears.

Keep ties with family and friends strong. The more the children can stay connected to their support group the better they will feel.

Don’t forget to take care of yourself. Get enough rest. Try to eat healthy. Let friends and family be there for you in your time of need. You will not be able to effectively parent your children, if you get sick or are too exhausted to care for them.

Let your children know that you are there for them no matter what. Kids are fairly resilient and if they know that they are loved and can count on you, they will eventually adjust to the changes.

]]>https://teperlaw.wordpress.com/2018/01/17/making-your-divorce-easier-on-the-children/feed/0teperlawbaby-teddy-bear-cute-39369.jpegThe End of DACAhttps://teperlaw.wordpress.com/2017/09/06/the-end-of-daca/
https://teperlaw.wordpress.com/2017/09/06/the-end-of-daca/#respondWed, 06 Sep 2017 17:54:42 +0000http://teperlaw.wordpress.com/?p=844Continue reading →]]>President Trump has ended the Deferred Action for Childhood Arrivals known as DACA program, which granted work permits to undocumented immigrants who arrived in the country as children.

The White House plans to delay the enforcement of the president’s decision for six months giving Congress time to pass a replacement, possibly allowing “Dreamers” (DACA recipients) to adjust, or so some now hope.

Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents (EADs) that have been accepted as of September 5, 2017.

Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after September 5, 2017.

Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017.

Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.

Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.

Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, U.S. Customs and Border Protection will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, U.S. Citizenship and Immigration Services will—of course—retain the authority to revoke or terminate an advance parole document at any time.

Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.

Will continue to exercise its discretionary authority to terminate or deny deferred action for any reason, at any time, with or without notice.

In summary, all existing EADs will remain valid until their expiration, DACA recipients can apply to renew up until October 5, 2017, DHS will not terminate the grants of previously issued deferred action or revoke EAD’s solely based on the new directive for the remaining duration of their validity periods.

DHS stated online that its data files “will not be proactively provided” to U.S. Immigration and Customs Enforcement (ICE) or to U.S. Customs and Border Protection. The two immigration enforcement agencies will remain able, however, as they are now, to access this data in criminal cases.

But DHS said that its policy of confidentiality “may be modified, superseded, or rescinded at any time without notice,” and that even the temporary promise of confidentiality “may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law.”

No formal guarantee was offered that former DACA recipients are not eligible for deportation, and ICE officers in the field who encounter them will be making a case-by-case judgment as to whether to arrest that individual and process them for deportation.